1. THESE TERMS
Sellyourcartoday.com is a trading name of The Trade Centre Group PLC (“we” or “us”). We are a company registered in England and Wales under company number 4921555 and our registered office is Euro Centre, Neath Abbey Business Park, Neath Abbey, Neath, SA10 7DR
These terms (together with the documents referred to within) (the “Terms”) set out the terms on which we, Sellyourcartoday.com, will buy from you and you will sell to us your car (the “Car”).
Please read these Terms carefully before you sign our standard purchase contract (the “Contract”) to which these Terms apply. We recommend that you keep a copy of them for future reference.
By entering into the Contract, you confirm that you accept these Terms and that you agree to comply with them.
2. MAKING YOU AN OFFER
An Online Valuation (defined in our Website Terms and Conditions) does not constitute an offer by us to purchase the Car. An online valuation is simply a tool to enable you to estimate the value of your car and the price which we may be willing to pay for it.
We will always carry out a provisional physical inspection of the Car before we agree a provisional purchase price with you. We will then carry out a thorough inspection (“Thorough Inspection”) before we confirm to you that we offer to buy the Car and confirm the price we will pay (“Price”). Once you have received an Online Valuation, you may book an appointment for a provisional physical inspection at one of our branches (an “Appointment”).
If, on physical inspection of the Car at the Appointment, we consider that the value of the Car is affected by any aspect of its history or condition, including any unusual features or customisations or anything which affects or limits the Assumptions (defined in our website Terms and Conditions) we made about the Car, which was not apparent to us when we gave the Online Valuation, the price that we may be willing to pay for it following the provisional physical inspection is likely to differ from the Online Valuation.
Following the Appointment we will complete the Thorough Inspection. Following the Thorough Inspection, we reserve the right to adjust our offer (“Offer Adjustment”) or reject the car (“Rejection”). If you are not agreeable to the Offer Adjustment, or the car is rejected, then you will be asked to collect the car and no payment will be made.
We are under no obligation to purchase any Car brought to an Appointment (in particular we reserve the right to turn you away from an Appointment if we believe that you are selling the Car for commercial purposes, e.g. in the course of a motor trade business) and neither are you obliged to sell any car brought to an Appointment.
3. ENTERING INTO THE PURCHASE CONTRACT
If you wish to accept our offer to purchase the Car at the Price, a binding agreement to purchase the Car (“Contract”) will only be made between us when:
- you have accepted our standard purchase contract, the Price (after any Offer Adjustment if applicable) and the terms and conditions set out in these Terms, and
- we have confirmed that the Thorough Inspection has been completed and either confirmed the Price, or agreed any Offer Adjustment with you if applicable.
Any negotiations or discussions which take place prior to agreeing the Contract will not be binding on you or us.
4. YOUR REPRESENTATIONS
If we buy a Car from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the Car;
(b) you are at least 18 years old;
(c) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the Car;
(ii) other than in respect of any finance outstanding on the Car which you have disclosed to us, no person has any claim to the Car;
(iii) the mileage reading on the Car is true and accurate and the odometer has not been tampered with;
(iv) you have disclosed to us everything that a prudent purchaser would want to know about, such as physical defects in the Car (e.g. if it has any mechanical problems or damage);
(v) all information supplied by you in respect of the Car (whether in obtaining an On-line Valuation, at any Appointment or otherwise) is true and accurate in all respects; and
(vi) the Car is registered in the UK; and
(d) you are not (nor are you acting on behalf of anyone who is) selling the Car in the general course of business;
(e) you are not required to charge UK VAT on the sale of the car.
In the event that we discover, at any time, that any of the above representations are, or are likely to be, inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
5. HAND-OVER REQUIREMENTS
At the time of handing over the Car to us (“Handover”), we will expect you to provide us with:
- all copies of the Car’s keys that you have;
- the Car’s V5C registration document (together with appropriate proof of purchase if requested by us);
- proof of your identity and address, both of which must match the details on the V5C;
- proof of your bank account name, sort code and account number;
- the Car’s service history (if any);
- the Car’s MOT certificate (if any);
- the Car’s user manuals (if any); and
- any accessories there may be such as a locking wheel nut, radio fascia or remote controls.
We will also expect you to remove any personal possessions from the Car once the provisional inspection has been completed and the Price provisionally agreed. We will not be responsible for any personal items missing once the Car is in our possession.
After Handover, we retain the right to withdraw any offer to buy the Car with immediate effect, to rescind or terminate any Contract with immediate effect, and/or to indicate a revised Price at which we will be prepared to purchase the Car. If we elect to rescind the Contract post payment, we reserve the right to return the Car to you and you will refund the Price to us.
6. PRICE AND PAYMENT
Once the Contract has been made, we will pay you the Price (adjusted by any agreed Offer Adjustment if applicable), less any finance settlement (as detailed in section 8), by electronic transfer to the bank account of your choice.
Our standard payment terms are to make payment direct to your UK bank account on the day following the date on which we take possession of the car. It is your responsibility to check that you have provided us with your correct bank account details before making the Contract.
It is possible that events beyond our control may delay payment. If that happens, we will not have any liability to you for the delay. In particular, we will not be responsible for any losses or delays caused if you provide us with incorrect bank account details.
7. TRANSACTION FEES
We do not change any transaction fees.
8. CARS SUBJECT TO FINANCE
We may make you an offer to purchase the Car even though it is the subject of a finance arrangement between you and a third party (“Finance Agreement”), provided that you provide us with a written statement from the third party of the amount required to settle the Finance Agreement in full.
We will only pay to a third party such sum as we agree with you in writing. Following receipt of any sum due from you under condition (b) below, we will forward such sum to the third party on your behalf, as soon as is reasonably practicable after we enter into the Contract.
If the Price is:
(a) higher than the settlement figure required to fully settle any sum outstanding under any Finance Agreement we will pay you the difference; or
(b) lower than the settlement figure required to fully settle any sum outstanding under any Finance Agreement you must pay us the difference at Handover.
9. LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we will not be responsible or liable to you for any indirect or consequential losses or loss of income or revenue, loss of business, loss of profit, or loss of anticipated savings (whether direct or indirect). However, this shall not prevent you from claiming for loss of, or damage to, your physical property which is caused by our negligence.
Subject to the above, our maximum aggregate liability to you under or in connection with any Contract with you shall not exceed the Price of the Car.
10. YOUR LIABILITY
You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these Terms; or (ii) infringement of the rights of another person.
If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.
These Terms do not give rise to rights that are enforceable by any person who is not party to these Terms.
If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.
12. APPLICABLE LAW
These Terms, its subject matter and its formation, are governed by English law and you and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with any dispute or claim arising in relation to these Terms.
13. USE OF YOUR INFORMATION
14. OUR GUARANTEES
We guarantee our online valuation for 7 days. If your car is in the condition you say it is, we promise to pay the price we quote.
If we identify discrepancies that were not previously disclosed, we will be happy to remove those items from our inspection assessment if you can rectify them to a professional standard. If you rectify them within the 7 day guarantee period, you will be offered the initial valuation quoted online.